Often when a dissolution occurs, a child has a preference of where s/he wants to reside. The court must give due weight and consider the child’s wishes, assuming s/he is of “sufficient age and capacity to reason so as to form an intelligent preference as to custody. (Cal.Fam. Code 3042(a)). It is important to note that maturity levels very between children of the same age category, thus there is no actual chronological age which sets a standard. Courts have the ability to be receptive to a child’s preference as they reach adolescence or even younger depending on the child’s individual maturity.
For more information, contact the Family Law Offices of Renee M. Marcelle at (415) 456-4444, or online at http://www.familylawmarin.com/